Chapter 1 Flashcards
What is law?
Rules made by a body of elected representatives or by a court using prescribed procedures.
Law imposes duties and punishments but also creates rights and a framework for societal activities.
Why do we need laws?
To provide a blueprint for conducting business, protecting consumers, regulating land use, conferring government benefits, protecting human dignity, preventing discrimination, and distributing wealth.
Laws ensure that societal activities are carried out honestly and effectively.
How do laws differ from other rules?
Laws are formal and mandatory, while other rules (social norms) are less strictly enforced and compliance is a choice.
Governments and courts can restrain citizens’ activities only by passing, enforcing, or applying a law.
What is the rule of law?
Limits on the rights of government, tribunals, and courts to control citizens’ conduct.
It states that all law making is governed by the supreme law called the Constitution.
What does the Canadian Constitution establish?
It establishes the basic institutions of government and reflects fundamental values of society.
It determines the values or goals that all other laws must reflect.
What is the supreme law of Canada?
The Canadian Constitution.
All other laws must conform to it.
What are the components of the Division of Powers?
Allocates law making powers to federal and provincial governments.
This division defines the scope of authority for different levels of government.
What does the Charter of Rights and Freedom list?
The fundamental rights and freedoms of individuals.
Section 35 provides constitutional protection to the rights of Indigenous people of Canada.
Who makes the laws?
Three branches of Government: Legislative, Judicial, Executive.
Each branch has distinct functions related to law making, enforcement, and interpretation.
What is the main function of the Legislative branch?
To legislate (pass laws) and pass statutes or by-laws.
Federal and provincial legislatures can also make regulations or delegate authority.
What does the Executive branch do?
Administers and enforces laws passed by the legislative branch.
Cabinet can also make regulations through delegated legislation.
What is the role of the Judicial branch?
Courts and judges settle disputes, interpret laws, and can strike down laws passed without proper authority.
This branch ensures that laws are applied fairly and consistently.
What are the three levels of government in Canada?
Federal, Provincial, and Municipal.
Each level has different jurisdictions and types of laws.
What are the types of law in Canada?
Common law and Statute law.
Common law is developed by courts, while statute law is made by governments.
What is common law?
Laws made by courts that must follow precedent (stare decisis).
It evolves through judicial decisions over time.
What is statute law?
Laws made by elected representatives, consisting of statutes, regulations, and by-laws.
Statute law can include codification of common law.
What does public law deal with?
Structure/operation of government and relationships between individuals and government.
It includes administrative law, which regulates the executive branch.
What does private law regulate?
How individuals or corporations are required to treat each other.
It includes torts, contract law, property law, and family law.
What is subordinate legislation?
Legislation made by a body other than the legislature or municipal council, authorized by statute.
It allows for more detailed regulations under the framework of existing laws.
What is substantive law?
Deals with the substance of a problem or legal issue.
It defines rights and duties.
What is procedural law?
Sets out procedures for implementing substantive law.
It outlines how legal matters are processed in court.
Who enforces laws?
Enforcement can be by police, government departments, independent agencies, or the person affected.
Each entity has specific responsibilities regarding different types of law.
